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(영문) 창원지방법원거창지원 2015.10.20 2015가단10221
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The 50248/50579m2 (hereinafter “instant forest”) is a forest in which D owns 50248/50579 shares, and E owns 331/50579 shares, and the Plaintiff currently manages the entire forest.

B. Although pine trees were planted in the instant forest, the Plaintiff filed an application for reforestation in Gohap-gun in December 2013 in order to cut down pine trees and plant vain trees, an economic tree.

C. On April 1, 2014, Gohap-gun approved the forest management plan applied by the Plaintiff with the purport that “The remaining trees, other than the existing trees of 50 parts per 1 year out of the existing trees in the forest of this case, are planted and planted in vain trees.”

On April 2, 2014, the Plaintiff entered into a contract with the Defendant stating that “the Plaintiff shall delegate the business of opening the existing pine trees within the instant forest to the Defendant” (hereinafter “instant contract”), and agreed with the Defendant as “the Defendant shall be punished for the period from March 24, 2014 to April 22, 2014, on the condition that the Defendant shall be punished for the period from March 24, 2014 to April 22, 2014. The expenses for opening the trees and the expenses for removing the exploited pine trees outside the forest in the instant case shall be borne by the Defendant, and the right of disposing the exploited pine trees shall also be owned by the Defendant.”

E. On April 4, 2014, the Defendant entrusted the FF Association with the whole business of cutting down and removing pine trees pursuant to the instant contract.

F. Around April 8, 2014, the FF Cooperative commenced growing trees in the instant forest. Although G public officials in Gohap-gun and F Cooperatives requested the Plaintiff to participate in the field, the Plaintiff did not participate in the opening work.

G. The FF Union has opened up approximately 50 pine trees except for approximately 50 pine trees per report.

H. However, around April 20, 2014, the Plaintiff filed a civil petition with Gohapcheon-gun stating, “The Plaintiff cuts all trees, unlike the initial agreement, to which the Defendant would not cut the original trees and caused the problem.”

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